The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1887-05-06
FAvORIN0 THE SETTLER.


The letter which President Clevelan,
has addressed to the Secretary of the In
terror in relation to the rights of home
steaders attracts much interest, and tn,
position il takes is generally commend
ed. The case which brought ont thu
views of the President is one i'm which
Guelford l.. Miller, settler, and thu
Northern Pacific railroad company are
involved. Miller claims to have settled
upon certain lands in Washington Ter
ritory in 1873, made improvements, cul
tivated the land and filed his claim un
der the homestead act. The railroad
company, on the other hand, holds tina
this land lies within tract which it il
entitled to select from to make up the
amount of its grants from the govern
ment. The President says:
"The legal points in the controversy
turned upon the validity and effect o
the withdrawal and reservation of thu
land and the continuance thereof. Tht
attorney general is of the opinion tina
such withdrawal and reservation were
at all times eliectual, and they operated
TO prevent Miller from acquiring any
interest in or right to the land claimed
by him. With this Interpretation of the
| law, and the former orders and actor
of the Interior Department, it will bt
seen that the effect has been the with
drawal and reservation since 1872 Of
thousands, If not millions, of acres o.
these lands from the operation of the
land laws of the United States, thu
placing them beyond the reach Of oul
citizens desiring under such laws to set
tie and make homes upon the same, anC
that this has been done for the benefit
of railroad company, having no fixed
certain, nor definite interest in sucl
lands. In this manner the beneficial
policy and intention of the government
in relation to the public domain have
for all these years to that extent beer
thwarted. There seems to be no evi
dence presented showing how much, i
any, of this vast tract is necessary fol-
the fulfillment of the grant to the rail
road company, nor does there appear Il
be any limitation of the time within
which this fact should be made known
and the corporation is obliged TO make
its selection. After a lapse of fifteeI
years this large body of the public do
main is still held in reserve to the ex
clusion of settlers, for the convenience
of a corporate beneficiary of the govern
ment, and awaiting its selection, though
it is entirely certain that much of the
reserved land can never be honestly
claimed by sand corporation. Such
condition of the public lands should M
longer continue. So far as it is the re
1 I'm nE
these should be abandoned, and SO fa
as 1t Is consequence of improviden
laws, these should be repealed Of
amended"
The Presidents sentiments in thi
matter are certainly those of vast ma
jority of the people of the country, ano
it is a pleasure to find the chief execu
tive on the right track. The nation'
public domain is its wealth, the earnes
of its growth, and the heritage of its PEG
pie. 1t is necessary to the development
which is sure to come in the years of tn,
future, and it should be jealousy guard
led for the interest of those TO whom i
should go. In the above case the Presi
dent concludes that there is an abund
anee of other land within the area re
served for the railroad company, and i
of the opinion that settler who has set
tied on land and made improvement
should not be disturbed on such pre-
text as the railroad company presents
This is certainly the proper view of tn,
matter. The Northern Pacific railroad
company has already had more thar
enough public lands to indemnify it TO
building its line, and there is no justic,
or reason for ousting settlers from lane
which they have acquired possession o
and improved. Ifthere is any hardship
or loss anywhere, let it not be upon tn,
homesteader.